LOOK
TONIGHT
AT
THE
% PRACTICAL
IMPLICATIONS OF
THE
% LAME
DUCK
LAWS
LIMITING
THE
% AUTHORITY OF THE
GOVERNOR AND
% THE
STATE
ATTORNEY
GENERAL
AS
% THEY
CAME
INTO
VIEW
THAT
WEEK
% WHEN JOSH KAUL
APPEARED
BEFORE% THE
JOINT
FINANCE
COMMITTEE
% SEEKING TO
GET
APPROVAL AS
% REQUIRED
TO
RESOLVE
OR
REACH
% SETTLEMENTS IN
STATE
LAWSUITS
OF
% WHICH THERE ARE
SOME
15
AWAITING
% JFC
APPROVAL.
% THE
PROCESS
BROKE
DOWN
WHEN
% LEGISLATORS
REFUSED
TO
SIGN
% CONFIDENTIALITY
AGREEMENTS.
% BY
WEEK'S END
THE
CO-CHAIRS
% HIRED A
LAWYER
TO
SIGN
THE
% SECRECY
ORDER ON
THE
COMMITTEE'S
% BEHALF
AND
SAID
THEY
STOOD
READY
% TO
APPROVE
ANY
SETTLEMENTS THAT% ARE IN THE
STATE'S
INTEREST,
ALL% OF
THIS
UNFOLDING
AS
KAUL
TOLD
% LAWMAKERS HE
HAD A
CASE
OF
% TREMENDOUS IMPORTANCE TO THE%
STATE THAT
DEMANDED QUICK
% ATTENTION.
% ONE POBLGHT
!
POSSIBILITY
O
N
THAT?
% PHARMACEUTICAL COMPANIES
ARE
IN
% SETTLEMENT
TALKS
RELATED TO
THE
% OPIOID
CRISIS.
% KAUL'S OFFICE
SAID A
HURRY-UP
% DEADLINE TO ACT
WAS
NO
LONGER
IN
% PLAY.
% HERE'S
WHAT
REPUBLICAN
CO-CHAIRS
% SAID ABOUT ALL
OF
THIS
LATE
% THURSDAY.
% DESPITE
THE
ATTORNEY
GENERAL'S
% OBVIOUS
EFFORTS
TO
UNDERMINE
% STATE LAW.
% THE COMMITTEE
ON
JOINT
FINANCE
% HAS
AUTHORIZED COUNSEL TO
SIGN
% THE
CONFIDENTIALITY
AGREEMENT
% PROPOSED BY
THE
ATTORNEY
%
GENERAL.
% THE
ATTORNEY
GENERAL'S
DEMAND
I
S
% CONTRARY
TO
HIS
PRIOR
PRACTICE,
% INCLUDING WHEN
DISCUSSING% SETTLEMENTS WITH THE
GOVERNOR,
% AND
IS AN
OBVIOUS
EFFORT
TO
% UNDERMINE THE
LAW BY
DELAYING
% THE
COMMITTEE'S
WORK.
% ATTORNEY
GENERAL KAUL
RESPONDED
% THAT,
QUOTE, WE ARE
ASSESSING
% THE
CO-CHAIRS'
PROPOSED
% CONFIDENTIALITY AGREEMENT.
% WE
WILL
CONTINUE
ATTEMPTING
TO
% REACH
AGREEMENT ON
THIS
ISSUE
AS
% WE
BEGAN
ATTEMPTING
TO
DO MORE
% THAN
SIX
MONTHS
AGO.
% OUR
INTEREST
REMAINS
ENSURING
% THAT
WISCONSINITES ARE
% REPRESENTED AS
EFFECTIVELY
AS
% POSSIBLE AND THAT
THE
% ENFORCEMENT OF
OUR
% ENVIRONMENTAL, CONSUMER%PROT
ECTION AND OTHER
LAWS
IS
NOT
% IMPEDED BY
PARTISAN
% GAMESMANSHIP.
% WISCONSIN PUBLIC
RADIO
CAPITOL
% REPORTER LAUREL
WHITE
HAS
% COVERED THIS
DEVELOPING
STORY
% AND SHE
JOINS
U
S
NOW
FROM
THE
% STATE
CAPITOL.% >>
ABSOLUTELY.
% THANKS FOR
HAVING
ME.
% >>
SO
DOES
THIS
STRIKE
OBSERVERS
% AND
REPORTERS
THAT JOSH
KAUL
IS
% PUSHING
THE
PARTISAN ENVELOPE
TO
% HIGHLIGHT HIS
DISFAVOR WITH
THE
% NEW
RULES?
% >> SO
I
THINK
IT'S
DIFFICULT
FOR
% SOME
FOLKS
TO
FORGET
THAT
% ATTORNEY
GENERAL
KAUL HAS
BEEN
% VERY
VOCAL
IN
HIS
OPPOSITION
TO
% THIS
LAW
SINCE IT WAS
P
ASSED.
% HE'S
TALKED
ABOUT
HOW
IT'S
% UNCONSTITUTIONAL, HOW IT
GIVES
% LAWMAKERS TOO
MUCH
POWER
OVER
% SOMETHING
THE
ATTORNEY JOURNAL% IN
THE
PAST
HAS
SEEN
SORT
OF
% UNILATERALLY CONTROL OVER.
% SO
LAWMAKERS AND
OTHERS
ARE
KIND
% OF
POINTING
TO
THE
ATTORNEY
% GENERAL
HIGHLIGHTING SOME
OF
% THESE
PRACTICAL
ROADBLOCKS
AS
% THEY MAY
BE
RELATED TO
THAT
KIND
% OF
OVERARCHING AGAINST
THE
LAW
% IN
PRINCIPLE.% >>
AND
YET ON
THE
OTHER
SIDE% COULD IT
BE
VIEWED
AS THE
% OPPOSITE, THAT
REPUBLICANS ARE
% PLAYING
THE
PARTISAN POWER
CARD?
% >>
REPUBLICANS CERTAINLY
HAVE A
% LOT OF
POWER
IN
THIS
SCENARIO.
% THEY
PASSED
THIS
LAW
BECAUSE
OF
% THEIR
STRONG
MAJORITIES
IN
BOTH
% CHAMBERS OF
THE
STATE
% LEGISLATURE
AND
IT'S
THE
LAW OF% THE LAND.
% THE
ATTORNEY
GENERAL
DOESN'T
% HAVE A
CHOICE
IN
WHETHER HE
% FOLLOWS
IT
UNLESS
IT'S
APPEALED
% OR
STRATEGIC
DOWN
BY A
COURT.% >>
THIS COULD
BE
THE
PRACTICAL
% OUTCOME
THAT
REQUIRE
LEGISLATIVE
% APPROVAL
TO
RESOLVE
CASES
WHICH
% ARE
DYNAMIC.% >> WE
HEARD
ABOUT
THE
CASE
THIS
% WEEK.
% THE
REASON
THE
COMMITTEE WAS
% CALLED
IN
ON
SUCH
SHORT
NOTICE
% WAS A TIGHT
DEADLINE
IN A
% PARTICULAR CASE.
% THAT
DEADLINE
IS
GONE
NOW.
% THAT'S NOT
TO
SAY
THAT
ANOTHER
% DEADLINE
MIGHT
EMERGE
IN
THIS
% CASE
OR A
SIMILAR
CASE OR
OTHER
% CASES DOWN
THE ROAD.
%
SO
LAWMAKERS
AND
THE
ATTORNEY
% GENERAL CERTAINLY NEED
TO COME
% UP
WITH A
PROCESS FOR
HANDLING
% THESE LAWSUITS
BECAUSE
THEY
% SOMETIMES REQUIRE
QUICK
ACTION.% >>
YEAH.
% SO
IF
IN
THIS
CASE
THE
URGENCY
% IS
OFF,
AS
THE
JUSTICE
% DEPARTMENT NOW
SAYS,
WHAT'S
LEFT
% IS
FOR
IT TO
BE
DETERMINED
% WHETHER A REPUBLICAN LAWYER
CAN
% SIGN A
CONFIDENTIALITY
AGREEMENT
% ON
BEHALF OF
T
HE
COMMITTEE
% MEMBERS.
% WHAT
DO
WE
KNOW
ABOUT
WHETHER
% THIS
PASSES
MUSTER?
% >> SO
WE
KNOW
THAT
CERTAINLY
% REPUBLICAN
LAWMAKERS THAT
HIRED
% THE
PRIVATE
LAWYER
BELIEVE THAT% THIS
IS
GOING TO
BE
SUFFICIENT% TO
MEET
THE
ATTORNEY
GENERAL'S
% CONFIDENTIALITY
REQUIREMENTS.
% WE
ALSO
KNOW
THAT A
MEMO
CAME
% OUT
FROM
THE LEGISLATIVE% REFERENCE BUREAU,
WHICH IS
THE
% LEGISLATURE'S
NONPARTISAN% RESEARCH OFFICE,
THAT
KIND
OF
% CALLS
THAT
INTO
QUESTION.
% SO WHAT
WE'RE
WAITING
FOR
NOW
IS% AN
OFFICIAL OPINION
FROM
THE
% ATTORNEY
GENERAL,
WHO OF
COURSE
% HAS
MORE
INFORMATION ABOUT
THE
% SORT OF
BINDING
LEGAL
AGREEMENT
% HE'S
ENTERED INTO
WITH
THE
% DIFFERENT PARTIES THAT
HE'S
% NEGOTIATING SETTLEMENT
% AGREEMENTS.
% SO WHETHER OR NOT
HE
FINDS
THESE
% -- YOU
KNOW,
THIS
NEW
PROVISION
% FROM
REPUBLICAN
LAWMAKERS, THIS% HIRING
OF A
PRIVATE
LAWYER,
% SUFFICIENT TO
MEET
HIS
NEEDS.% >>
YES.
% AS YOU
SAY,
ATTORNEY
GENERAL
% KAUL
SAYS
HE'S
NOW
REVIEWING
% THIS
SITUATION, BUT
IT
SOUNDS
% LIKE
WE'RE
GOING
TO
SEE
% EVERYTHING
RIGHT
BACK
IN
JOINT
% FINANCE,
WITH
MAYBE
SOME OF
THE
% SAME
DISPUTES.% >>
ABSOLUTELY.
% WE
KNOW
THAT,
AS
YOU
MENTIONED
% SHES JOINT
FINANCE
IS
FACING% MORE
THAN A
DOZEN
OF THESE
% CASES.
% THERE'S A BACKLOG OF
CASES
% WAITING APPROVAL
FROM
LAWMAKERS.
% AGAIN
ANOTHER URGENT
DEADLINE
% CAN
EMERGE.
% THESE
CASES
ARE
DYNAMIC
AND
% SOMETIMES MOVE
VERY
QUICKLY.
% SO WE
COULD
BE
BACK
HAVING
THE
% SAME
CONVERSATION VERY
SOON.
% >>
MEANWHILE,
THE
LAME
DUCK
LAWS
% THEMSELVES ARE IN
THE
COURTS.
% WHAT'S
THE
STATUS
O
F
THOSE
% CASES?
% >>
SO THERE
ARE
FOUR
LAME
DUCK
% LAWSUITS THAT ARE
OUT
THERE.
% ACTUALLY, ONE
OF
THEM
HAS
% ALREADY BEEN
RESOLVED, A
STATE
% LEVEL
LAWSUIT THAT
RECEIVED A% RULING FROM
THE
WISCONSIN% SUPREME COURT
EARLIER THIS
% SUMMER.
% THEY
RULED
IN
FAVOR
OF
% REPUBLICAN
LAWMAKERS.
% THERE'S ANOTHER
THAT'S
AWAITING
% ARGUMENTS IN FRONT OF
THE% SUPREME COURT.
% THERE
ARE
TWO
FEDERAL
CASES THAT% ARE
BOTH
STAGES
OF OPINIONS% BEING
ISSUED
BY
JUDGES
ANY
DAY.
% SO WE
COULD
HEAR
ON
THOSE
SOON.
% >> ALL
RIGHT.
% LAUREL
WHITE, THANK YOU
VERY
% MUCH
AND
THANKS FOR
YOUR